LICENCE BATTLE - Matrix owner Philip Carter

A NIGHTCLUB owner fighting for his right to run The Matrix left health and safety officers waiting until the eleventh hour before making improvements they ordered, a court heard yesterday.

Philip Carter is appealing Reading Borough Council's decision to revoke his licence to run the London Street club.

But the borough's health and safety team leader Marcus Herbert told the court Mr Carter was difficult to work with and always left improvements to the last minute.

The club's health and safety policy was one of the reasons why Mr Carter was stripped of the club's public entertainment licence at a licensing council meeting last September.

Since then he has been allowed to run the club under a previous licence until the appeal is resolved.

Yesterday Mr Herbert told district judge Gareth Cowling The Matrix had had a full audit following a double shooting at a garage music event in March - at the time Mr Carter was taking over.

His concerns included fire evacuation plans and action plans on how to deal with weapons and drugs.

"They came about with regard to previous malpractice of health and safety. The audit that took place on March 12 overlapped with the time when Mr Carter took ownership of the place," said Mr Herbert.

Council officers were concerned the new management was not doing enough to put the health and safety problems right and had trouble dealing with Mr Carter, he continued.

Action tended to be taken by The Matrix at the eleventh hour immediately prior to council committees or meetings with officers and only after being urged by officers, he added.

But when Mr Carter's solicitor Philip Day asked: "Are you saying there are actual health and safety problems in these premises to the extent they should be closed down and this licence not renewed today?" Mr Herbert answered: "No."

Problems continued even when The Matrix hired a full-time health and safety coordinator, Paul Weller, in late September, alleged borough barrister Peter Savill.

Even in April this year, some of the concerns raised by Mr Herbert last summer, such as a noise at work assessment risk, had not been

satisfactorily sorted out, he said.

"To be in May 2003 and for this [noise at work] risk assessment still to be done is unsatisfactory," said Mr Savill.